§ 3.08.040 Dangerous and illegal fireworks.

   (A)   In order to enforce this chapter, only visual verification is required by an enforcement officer of where the offense occurred. Any person observed possessing dangerous or illegal fireworks, or accepting responsibility, may be issued a citation. In all other instances, any adult person legally entitled to reside at the location where it is reasonably believed dangerous or illegal fireworks originated may be cited.

   (B)   In addition to any other remedy, penalty, or punishment stated herein or authorized by state law, each person who possesses or causes to be ignited dangerous or illegal fireworks, or violates any other provision of state law, as it relates to the sale, possession, or use of dangerous and illegal fireworks shall be subject to the imposition of an administrative fine. The schedule of administrative fines for such violations shall be imposed as per § 3.08.040(D).

   (C)   Persons in possession of dangerous and illegal fireworks in excess of 5,000 pounds shall be punishable under Cal. Health and Safety Code § 12700(b)(4). Persons in possession of "destructive devices" as defined in Cal. Penal Code § 16460, shall be punishable under Cal. Penal Code § 18710.

   (D)   Each person who violates any section of this code shall be subject to the administrative fine as provided below:

 

Number of Offenses	Amount of Fine
First violation	$2,000
Second violation	$3,000
Third and all subsequent violations	$4,000
Possession for sale	$10,000

 

   (E)   For purposes of calculating the fine amount as specified in this section, the number of offenses shall include every documented instance within a 36-month period.

   (F)   Fines collected pursuant to this section shall be utilized for the safe disposal of confiscated fireworks, public outreach to prevent the possession or use of illegal fireworks and for the continued enforcement of this section.

   (G)   Any duly appointed City of Tulare employee, as specified in this code, having the authority to issue an administrative citation, may lawfully enforce the provisions of this section.

   (H)   Any person wishing to appeal a citation as issued per this section, shall follow the procedures as established in §§ 1.61.010 and 3.25.010 of this code. An advanced deposit of 50% of the fine levied shall be required. This shall not preclude an appellant the right to apply for a hardship.

(Ord. 2022-17, passed 12-20-2022; Ord. 2021-05, passed 12-21-2021)